McDonough

This is an appeal by the defendants from a judgment rendered against them in an action to recover upon a contract of indemnity.

The material facts are as follows: One Morris Appleman had been or was about to be arrested by the federal authorities upon a charge of having violated the immigration laws, and pending the hearing and determination of the charge he was admitted to bail in the sum of $1,000. Plaintiffs, as agents for a surety company, were employed by defendants to furnish the bail, which they did, and Appleman was released from custody. The condition upon which plaintiffs furnished bail was that defendants enter into the contract of indemnity in question, the essential portions of which are hereinafter set forth. The charge against Appleman resulted in an order for his deportation, and habeas corpus proceedings were then instituted in his behalf to test the legal sufficiency of the charge and the validity of the deportation proceedings based thereon; but as a prerequisite to obtaining such a writ it was necessary for Appleman to surrender into the custody of the United States marshal, which he did, immediately following which he was again admitted to bail in the sum of…